Bill Text: CA AB1919 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupils: achievement data: charter schools.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2012-09-26 - Consideration of Governor's veto pending. [AB1919 Detail]

Download: California-2011-AB1919-Amended.html

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BILL NUMBER: AB 1919	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 13, 2012
	AMENDED IN ASSEMBLY  MAY 10, 2012
	AMENDED IN ASSEMBLY  APRIL 23, 2012
	AMENDED IN ASSEMBLY  MARCH 28, 2012

INTRODUCED BY   Assembly Member Brownley
    (   Coauthor:   Assembly Member  
Ammiano   ) 

                        FEBRUARY 22, 2012

   An act to amend Sections 52052, 60607, 60641, and 60900 of, and to
add Sections 60810.5 and 60851.5 to, the Education Code, relating to
pupils.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1919, as amended, Brownley. Pupils: achievement data: Academic
Performance Index: charter schools.
   Existing law requires the Superintendent of Public Instruction,
with approval of the State Board of Education, to develop an Academic
Performance Index (API) consisting of a variety of indicators
currently reported to the State Department of Education to track the
achievement of schools and their pupils.
   This bill would require  that a school district be
provided   the department to calculate and provide to a
school district  a secondary API that includes the API scores of
the charter schools for which the school district is the chartering
authority.  The bill would prohibit the use of a school
district's secondary API score for any statewide accountability
purpose. 
   Existing law establishes various programs for measuring pupil
achievement, including the Standardized Testing and Reporting (STAR)
Program, the high school exit examination, and English language
development testing programs. Existing law establishes the California
Longitudinal Pupil Achievement Data System (CALPADS), and requires
that CALPADS have the capability to monitor pupil achievement on the
STAR Program tests, high school exit examination, and English
language development test from year to year and school to school.
Under existing provisions of state and federal law, pupil records are
private and may not be disclosed without parental consent, subject
to specified exceptions.
   Existing law requires that each pupil have an individual record of
accomplishment by the end of grade 12 that includes the results of
specified achievement tests, end-of-course exams, and vocational
education certification exams. Existing law requires that pupil
results or a record of accomplishment be private, and prohibits the
release to any person without express written parental consent,
subject to certain exceptions.
   This bill would  authorize   require the
department to provide  a school district  access  to
view and download  certain  individual pupil records in
CALPADS for pupils who attend a charter school for which the school
district is the chartering authority  if the department is
specifically authorized to provide   those records to a
school district and in accordance with specified federal law relating
to the disclosure of pupil records  . The bill would separately
 authorize   require the department to provide
to  the school district that is the chartering authority
 to access   , in accordance with specified
federal law relating to the disclosure of pupil records, 
individual pupil achievement data, including test results from the
STAR Program, high school exit examination, and English language
development tests, as well as pupil demographic data and program
data, relating to those pupils. The bill would require the department
to provide this data, to the extent it has the data, along with the
unique pupil identification number of each of those pupils, to the
school district.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 52052 of the Education Code is amended to read:

   52052.  (a) (1) The Superintendent, with approval of the state
board, shall develop an Academic Performance Index (API), to measure
the performance of schools, especially the academic performance of
pupils.
   (2) A school shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school, including:
   (A) Ethnic subgroups.
   (B) Socioeconomically disadvantaged pupils.
   (C) English learners.
   (D) Pupils with disabilities.
   (3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that meets both of the following criteria:
   (i) The subgroup consists of at least 50 pupils each of whom has a
valid test score.
   (ii) The subgroup constitutes at least 15 percent of the total
population of pupils at a school who have valid test scores.
   (B) If a subgroup does not constitute 15 percent of the total
population of pupils at a school who have valid test scores, the
subgroup may constitute a numerically significant pupil subgroup if
it has at least 100 valid test scores.
   (C) For a school with an API score that is based on no fewer than
11 and no more than 99 pupils with valid test scores, numerically
significant pupil subgroups shall be defined by the Superintendent,
with approval by the state board.
   (4) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the
results of the achievement test administered pursuant to Section
60640, attendance rates for pupils in elementary schools, middle
schools, and secondary schools, and the graduation rates for pupils
in secondary schools.
   (A) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
   (i) Four-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be three school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (ii).
   (ii) The number of pupils entering grade 9 for the first time in
the school year three school years before the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was three school years before the
current school year and the date of graduation who were members of
the class that is graduating at the end of the current school year.
   (iii) Five-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be four school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (iv).
   (iv) The number of pupils entering grade 9 for the first time in
the school year four years before the current school year, plus the
number of pupils who transferred into the class graduating at the end
of the current school year between the school year that was four
school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was four years before the current
school year and the date of graduation who were members of the class
that is graduating at the end of the current school year.
   (v) Six-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be five school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (vi).
   (vi) The number of pupils entering grade 9 for the first time in
the school year five years before the current school year, plus the
number of pupils who transferred into the class graduating at the end
of the current school year between the school year that was five
school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was five years before the current
school year and the date of graduation who were members of the class
that is graduating at the end of the current school year.
   (B) The inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:
   (i) Schools shall be granted one-half the credit in their API
scores for graduating pupils in five years that they are granted for
graduating pupils in four years.
   (ii) Schools shall be granted one-quarter the credit in their API
scores for graduating pupils in six years that they are granted for
graduating pupils in four years.
   (iii) Notwithstanding clauses (i) and (ii), schools shall be
granted full credit in their API scores for graduating in five or six
years a pupil with disabilities who graduates in accordance with his
or her individualized education program (IEP).
   (C) The pupil data collected for the API that comes from the
achievement test administered pursuant to Section 60640 and the high
school exit examination administered pursuant to Section 60851, when
fully implemented, shall be disaggregated by special education
status, English learners, socioeconomic status, gender, and ethnic
group. Only the test scores of pupils who were counted as part of the
enrollment in the annual data collection of the California Basic
Educational Data System for the current fiscal year and who were
continuously enrolled during that year may be included in the test
result reports in the API score of the school. Results of the
achievement test and other tests specified in subdivision (b) shall
constitute at least 60 percent of the value of the index.
   (D) Before including high school graduation rates and attendance
rates in the API, the Superintendent shall determine the extent to
which the data currently are reported to the state and the accuracy
of the data. Notwithstanding any other law, graduation rates for
pupils in dropout recovery high schools shall not be included in the
API. For purposes of this subparagraph, "dropout recovery high school"
means a high school in which 50 percent or more of its pupils have
been designated as dropouts pursuant to the exit/withdrawal codes
developed by the department.
   (E) The Superintendent shall provide an annual report to the
Legislature on the graduation and dropout rates in California and
shall make the same report available to the public. The report shall
be accompanied by the release of publicly accessible data for each
school district and school in a manner that provides for
disaggregation based upon socioeconomically disadvantaged pupils and
numerically significant pupil subgroups scoring below average on
statewide standards-aligned assessments. In addition, the data shall
be made available in a manner that provides for comparisons of a
minimum of three years of data.
   (b) Pupil scores from the following tests, when available and when
found to be valid and reliable for this purpose, shall be
incorporated into the API:
   (1) The standards-based achievement tests provided for in Section
60642.5.
   (2) The high school exit examination.
   (c) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board pursuant
to subdivision (d), the minimum annual percentage growth target shall
be 5 percent of the difference between the actual API score of a
school and the statewide API performance target, or one API point,
whichever is greater. Schools at or above the statewide API
performance target shall have, as their growth target, maintenance of
their API score above the statewide API performance target. However,
the state board may set differential growth targets based on grade
level of instruction and may set higher growth targets for the lowest
performing schools because they have the greatest room for
improvement. To meet its growth target, a school shall demonstrate
that the annual growth in its API is equal to or more than its
schoolwide annual percentage growth target and that all numerically
significant pupil subgroups, as defined in subdivision (a), are
making comparable improvement.
   (d) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board shall
adopt, a statewide API performance target that includes consideration
of performance standards and represents the proficiency level
required to meet the state performance target. When the API is fully
developed, schools, at a minimum, shall meet their annual API growth
targets to be eligible for the Governor's Performance Award Program
as set forth in Section 52057. The state board may establish
additional criteria that schools must meet to be eligible for the
Governor's Performance Award Program.
   (e) The API shall be used for both of the following:
   (1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
   (2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.
   (f) (1) A school with 11 to 99 pupils with valid test scores shall
receive an API score with an asterisk that indicates less
statistical certainty than API scores based on 100 or more test
scores.
   (2) A school annually shall receive an API score, unless the
Superintendent determines that an API score would be an invalid
measure of the performance of the school for one or more of the
following reasons:
   (A) Irregularities in testing procedures occurred.
   (B) The data used to calculate the API score of the school are not
representative of the pupil population at the school.
   (C) Significant demographic changes in the pupil population render
year-to-year comparisons of pupil performance invalid.
   (D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.
   (E) Insufficient pupil participation in the assessments included
in the API.
   (3) If a school has fewer than 100 pupils with valid test scores,
the calculation of the API or adequate yearly progress pursuant to
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) and federal regulations may be calculated over more than one
annual administration of the tests administered pursuant to Section
60640 and the high school exit examination administered pursuant to
Section 60851, consistent with regulations adopted by the state
board.
   (g) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
   (h) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
   (i) (1)  A school district shall be provided 
 The department shall calculate and provide to a school district
   a secondary API that includes the API scores of the
charter schools for which the school district is the chartering
authority.
   (2) A school district's secondary API score shall be used only for
school district purposes  , and shall not be used for any
statewide accountability purpose  .  A school district's
API score for statewide accountability purposes shall continue to be
calculated pursuant to Section 52052.1. 
  SEC. 2.  Section 60607 of the Education Code is amended to read:
   60607.  (a) Each pupil shall have an individual record of
accomplishment by the end of grade 12 that includes the results of
the achievement test required and administered annually as part of
the Standardized Testing and Reporting (STAR) Program established
pursuant to Article 4 (commencing with Section 60640), results of
end-of-course exams he or she has taken, and the vocational education
certification exams he or she chose to take.
   (b) It is the intent of the Legislature that school districts and
schools use the results of the academic achievement tests
administered annually as part of the statewide pupil assessment
program to provide support to pupils and parents or guardians in
order to assist pupils in strengthening their development as
learners, and thereby to improve their academic achievement and
performance in subsequent assessments.
   (c) (1) Any pupil results or a record of accomplishment shall be
private, and may not be released to any person, other than the pupil'
s parent or guardian and a teacher, counselor, or administrator
directly involved with the pupil, without the express written consent
of either the parent or guardian of the pupil if the pupil is a
minor, or the pupil if the pupil has reached the age of majority or
is emancipated.
   (2) (A) Notwithstanding paragraph (1), a pupil or his or her
parent or guardian may authorize the release of pupil results or a
record of accomplishment to a postsecondary educational institution
for purposes of credit, placement, or admission.
   (B) Notwithstanding paragraph (1), the results of an individual
pupil on the California Standards Test may be released to a
postsecondary educational institution for purposes of credit,
placement, or admission.
   (C) Notwithstanding paragraph (1),  a school district
shall have access to   the department shall provide to a
school district  individual pupil demographic data, program
data, and achievement data, including, but not limited to, the
results of the standards-based achievement tests that are part of the
STAR Program, relating to pupils who attend a charter school for
which the school district is the chartering authority. The department
shall provide this data, to the extent it has the data, along with
the unique pupil identification number of each of those pupils, to
the school district  in accordance with the federal Family
Educational Rig   hts and Privacy Act of 1974 (20 U.S.C.
Sec. 1232g)  .
  SEC. 3.  Section 60641 of the Education Code is amended to read:
   60641.  (a) The department shall ensure that school districts
comply with each of the following requirements:
   (1) The standards-based achievement test provided for in Section
60642.5 is scheduled to be administered to all pupils during the
period prescribed in subdivision (b) of Section 60640.
   (2) The individual results of each pupil test administered
pursuant to Section 60640 shall be reported, in writing, to the
parent or guardian of the pupil. The written report shall include a
clear explanation of the purpose of the test, the score of the pupil,
and the intended use by the school district of the test score. This
subdivision does not require teachers or other school district
personnel to prepare individualized explanations of the test score of
each pupil.
   (3) (A) The individual results of each pupil test administered
pursuant to Section 60640 also shall be reported to the school and
teachers of a pupil. The school district shall include the test
results of a pupil in his or her pupil records. However, except as
provided in this section, individual pupil test results only may be
released with the permission of either the pupil's parent or guardian
if the pupil is a minor, or the pupil if the pupil has reached the
age of majority or is emancipated.
   (B) Notwithstanding subparagraph (A), a pupil or his or her parent
or guardian may authorize the release of individual pupil results to
a postsecondary educational institution for the purpose of credit,
placement, determination of readiness for college-level coursework,
or admission.
   (C) Notwithstanding subparagraph (A),  a school district
shall have access to   the department shall provide to a
school district  individual pupil results for pupils attending
a charter school for which the school district is the chartering
authority. The department shall provide this data, to the extent it
has the data, along with the unique pupil identification number of
each of those pupils, to the school district  in accordance with
the federal Family   Educatio   nal Rights and
Privacy Act of 1974 (20 U.S.C. Sec. 1232g)  .
   (4) The districtwide, school-level, and grade-level results of the
STAR Program in each of the grades designated pursuant to Section
60640, but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the countywide,
school-level, and grade-level results for classes and programs under
the jurisdiction of the county office of education shall be
similarly reported to the county board of education at a regularly
scheduled meeting.
   (b) The publisher of the standards-based achievement tests
provided for in Section 60642.5 shall make the individual pupil,
grade, school, school district, and state results available to the
department pursuant to paragraph (9) of subdivision (a) of Section
60643 by August 8 of each year in which the achievement test is
administered for those schools for which the last day of test
administration, including makeup days, is on or before June 25. The
department shall make the grade, school, school district, and state
results available on the Internet by August 15 of each year in which
the achievement test is administered for those schools for which the
last day of test administration, including makeup days, is on or
before June 25.
   (c) The department shall take all reasonable steps to ensure that
the results of the test for all pupils who take the test by June 25
are made available on the Internet by August 15, as set forth in
subdivision (b).
   (d) The department shall ensure that a California Standards Test
that is augmented for the purpose of determining credit, placement,
or readiness for college-level coursework of a pupil in a
postsecondary educational institution inform a pupil in grade 11 that
he or she may request that the results from that assessment be
released to a postsecondary educational institution.
  SEC. 4.  Section 60810.5 is added to the Education Code, to read:
   60810.5.   A school district shall have access to
  The department shall provide to a school district
 the individual results of the English language development
tests administered pursuant to Section 60810 for pupils who attend a
charter school for which the school district is the chartering
authority. The department shall provide this data, to the extent it
has the data, along with the unique pupil identification number of
each of those pupils, to the school district  in accordance with
the federal Family Educational Rights and   Privacy Act of
1974 (20 U.S.C. Sec. 1232g)  .
  SEC. 5.  Section 60851.5 is added to the Education Code, to read:
   60851.5.   A school district shall have access to
  The department shall provide to a school district
 the individual results of the high school exit examination for
pupils who attend a charter school for which the school district is
the chartering authority. The department shall provide this data, to
the extent it has the data, along with the unique pupil
identification number of each of those pupils, to the school district
 in accordance with the federal Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Sec. 1232g)  .
  SEC. 6.  Section 60900 of the Education Code is amended to read:
   60900.  (a) The department shall contract for the development of
proposals that will provide for the retention and analysis of
longitudinal pupil achievement data on the tests administered
pursuant to Chapter 5 (commencing with Section 60600), Chapter 7
(commencing with Section 60810), and Chapter 9 (commencing with
Section 60850). The longitudinal data shall be known as the
California Longitudinal Pupil Achievement Data System.
   (b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from both
a fiscal and a technological perspective, for the state to own the
system. The proposals shall additionally evaluate and determine the
most effective means of housing the system.
   (c) The California Longitudinal Pupil Achievement Data System
shall be developed and implemented in accordance with all state rules
and regulations governing information technology projects.
   (d) The system or systems developed pursuant to this section shall
be used to accomplish all of the following goals:
   (1) To provide school districts and the department access to data
necessary to comply with federal reporting requirements delineated in
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.).
   (2) To provide a better means of evaluating educational progress
and investments over time.
   (3) To provide local educational agencies information that can be
used to improve pupil achievement.
   (4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.
   (5) To facilitate the ability of the state to publicly report
data, as specified in Section 6401(e)(2)(D) of the federal America
COMPETES Act (20 U.S.C. Sec. 9871) and as required by the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
   (6) To ensure that any data access provided to researchers, as
required pursuant to the federal Race to the Top regulations and
guidelines is provided, only to the extent that the data access is in
compliance with the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g).
   (e) In order to comply with federal law as delineated in the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the
local educational agency shall retain individual pupil records for
each test taker, including all of the following:
   (1) All demographic data collected from the STAR Program test,
high school exit examination, and English language development tests.

   (2) Pupil achievement data from assessments administered pursuant
to the STAR Program, high school exit examination, and English
language development testing programs. To the extent feasible, data
should include subscore data within each content area.
   (3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information on
the header sheets of the STAR Program tests, high school exit
examination, and the English language development test.
   (4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.
   (5) Other data elements deemed necessary by the Superintendent,
with approval of the state board, to comply with the federal
reporting requirements delineated in the No Child Left Behind Act of
2001 (20 U.S.C. Sec. 6301 et seq.), and the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), after review and comment
by the advisory board convened pursuant to subdivision (h). Before
the implementation of this paragraph with respect to adding data
elements to the California Longitudinal Pupil Achievement Data System
for the purpose of complying with the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), the department and the
appropriate postsecondary education agencies shall submit an
expenditure plan to the Department of Finance detailing any
administrative costs to the department and costs to any local
educational agency, if applicable. The Department of Finance shall
provide to the Joint Legislative Budget Committee a copy of the
expenditure plan within 10 days of receipt of the expenditure plan
from the department.
   (6) To enable the department, the University of California, the
California State University, and the Chancellor of the California
Community Colleges to meet the requirements prescribed by the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
these entities shall be authorized to obtain quarterly wage data,
commencing July 1, 2010, on students who have attended their
respective systems, to assess the impact of education on the
employment and earnings of those students, to conduct the annual
analysis of district-level and individual district or postsecondary
education system performance in achieving priority educational
outcomes, and to submit the required reports to the Legislature and
the Governor. The information shall be provided to the extent
permitted by federal statutes and regulations.
   (f) The California Longitudinal Pupil Achievement Data System
shall have all of the following characteristics:
   (1) The ability to sort by demographic element collected from the
STAR Program tests, high school exit examination, and English
language development test.
   (2) The capability to be expanded to include pupil achievement
data from multiple years.
   (3) The capability to monitor pupil achievement on the STAR
Program tests, high school exit examination, and English language
development test from year to year and school to school.
   (4) The capacity to provide data to the state and local
educational agencies upon their request.
   (g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the Information Practices Act of
1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code), and with the federal Family
Educational Rights and Privacy Act  of 1974  (20 U.S.C. Sec.
1232g), Section 1232h of Title 20 of the United States Code,
                                  and related federal regulations.
   (h) The department shall convene an advisory board consisting of
representatives or designees from the state board, the Department of
Finance, the State Privacy Ombudsman, the Legislative Analyst's
Office, representatives of parent groups, school districts, and local
educational agencies, and education researchers to establish privacy
and access protocols, provide general guidance, and make
recommendations relative to data elements. The department is
encouraged to seek representation broadly reflective of the general
public of California.
   (i) Subject to funding being provided in the annual Budget Act,
the department shall contract with a consultant for independent
project oversight. The Director of Finance shall review the request
for proposals for the contract. The consultant hired to conduct the
independent project oversight shall twice annually submit a written
report to the Superintendent, the state board, the advisory board,
the Director of Finance, the Legislative Analyst, and the appropriate
policy and fiscal committees of the Legislature. The report shall
include an evaluation of the extent to which the California
Longitudinal Pupil Achievement Data System is meeting the goals
described in subdivision (d) and recommendations to improve the data
system in ensuring the privacy of individual pupil information and
providing the data needed by the state and school districts.
   (j) This section shall be implemented using federal funds received
pursuant to the No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301 et seq.), which are appropriated for purposes of this section in
Item 6110-113-0890 of Section 2.00 of the Budget Act of 2002
(Chapter 379 of the Statutes of 2002). The release of these funds is
contingent on approval of an expenditure plan by the Department of
Finance.
   (k) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, and a
charter school.
   (l)  A school district shall have   The
department shall provide to a school district    access
to view and download the individual pupil records in the California
Longitudinal Pupil Achievement Data System for pupils who attend a
charter school for which the school district is the chartering
authority  in accordance with the federal Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Sec.   1232g).
This subdivision applies only to records that are specifically
authorized by subparagraph (C) of paragraph (2) of subdivision (c) of
Section 60607, subparagraph (C) of paragraph (3) of subdivision (a)
of Section 60641, and Sections 60810.5 and 60851.5  .